Law Practice Management Asked and Answered Blog

Category: Marketing

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Dec 10, 2013


Law Firm Marketing – Getting Partners and Associates To Market and Develop Business

Question:

Our firm is a 16 attorney insurance defense firm in Nashville, Tennessee. We have 3 equity partners, 4 non-equity partners and 9 associates. The three equity partners (who bring in all the business) are nearing retirement and the remainder of the attorneys have completely failed to develop rainmaking skills and develop business. We hired lawyers to "bill hours" and failed to consider the long range implications of hiring lawyers without business-getting skills. Do you have any suggestions?

Response:

Start by creating the culture and environment.  Marketing and client service needs to be incorporated into the culture of the firm. All attorneys should have a role in marketing. All partners must walk the talk and consistently build and reinforce the marketing goals of the firm. Marketing goals and action plans should be formulated for all attorneys and they should be held accountable.

A few ideas:

  1. Begin setting marketing goals for each individual attorney in the firm and incorporate a review of goal accomplishment in performance reviews.
  2. Incorporate into the compensation system – measure more than billable hours.
  3. Provide marketing training.
  4. Provide adequate tools to support marketing efforts – budget, database, goal attainment dashboard reports, etc.
  5. Tie equity partnership to the ability to develop a substantial book of business.

Changing the culture of the firm will take time – however over time a marketing mindset will emerge.

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John W. Olmstead, MBA, Ph.D, CMC

Nov 19, 2013


Law Firm Geographic Expansion – Additional Offices

Question:

Our firm is an estate planning firm in the northwest suburbs of Chicago. We are a three attorney firm. We are a very "marketing orientated" practice and invest a lot of money and time into marketing and advertising. Still we are not getting the volume of work we need to reach our financial goals and targets. Most of our work is coming from our local city and a surrounding city or two. We are beginning to think that – for the most part – we now have all the work we can get from these communities and we need to expand and establish a presence (offices) in other target cities. Your thoughts would be appreciated.

Response:

For your type of practice this could very well be true. Spending more marketing time and money targeted in the same area won't help if there is no more work to be had. Here are a few thoughts:

  1. Do a little "do-it-yourself" market research on other surrounding communities. Go to the U.S. Census website or to local websites for the communities of interest. Review the demographics and growth trends and projections for the communities. Then review websites of law firms that serve these communities. Try to get a feel if there is room for you in these markets.
  2. Select a target centralized community where you want to establish a presence.
  3. See what is available for office space for new client intakes. Consider an Executive Suite arrangement (i.e. Regus). Another option might be an office sharing arrangement with a law firm that has excess space. Look for an arrangement that does not tie you into a long term lease.
  4. Resist the temptation to setup a "real office" – a production office if you will. Use your home office as the production and client communications center.
  5. Use the remote office for client intakes only and do not staff with support staff in the initial phase.
  6. If you have a VOIP phone system – have the calls from clients go to the main office and transfer any calls that may come in for an attorney working at the remote office.
  7. Use GoToMeeting and other electronic tools to communicate with clients after the relationship has been established.
  8. Use face to face meetings only when they are really necessary.

The cheaper you can launch and maintain remote (branch) offices the more markets you can expand in to.

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John W. Olmstead, MBA, Ph.D, CMC

 

Oct 29, 2013


Insurance Defense Law Firms – Risks and Strategies

Question:

I am the managing partner of a 22 attorney firm in Des Moines, Iowa. Our practice is 100% insurance defense representing insurance companies and their insured's. We are aware of some firms such as ours that have had to close their doors during the last few years. What should we be thinking about? You ideas would be appreciated.

Response:

Insurance defense law firms that have been approved as panel counsel for multiple insurance companies can inadvertently find that their revenue base is increasingly dependent on a shrinking number of insurance companies over time.

RISKS

  1. Small number of companies representing the lion's share of the firm's revenues
  2. Changing Rules for Insurance Panels – General Industry Consolidation
  3. Regionalization
  4. Insurance Companies putting work "out for bid"
  5. Trapped by a "Paradigm of Pass Success" and failure to institutionalize business development processes and practices
  6. Promoting an "entitlement generation" of partners with no business development skill
  7. Failure to stay abreast of changes within the client's organization. (Needs, players, policy changes, etc.)
  8. Aging/retirement of founding partners
  9. In house assignments
  10. Departing partners
  11. Lack of time and focus to allocate to new business development

STRATEGIES

  1. Use a structured client feedback process to obtain hard data from your clients on firm performance, client satisfaction, projected case assignments in the future, your firm's share of the client wallet, changing management (people) and policies, unmet needs, and future opportunities.
  2. If you don't have one develop a strategic plan and a marketing plan (including a specific budget) for the firm.
  3. Diversify the client base. Target new clients. Aggressively pursue new panel applications, track submissions, and monitor. Once approved – look for opportunities to build relationships. Consider educational forums and venues.
  4. Determine if regionalization is an appropriate strategy for your firm. (Ask your clients)
  5. Look for ways to obtain additional business from existing clients. (Ask your clients)
  6. Write and publish more articles – externally and internally (website).
  7. Beef up the blog on the website.
  8. Get more attorneys in the firm involved in business development.
  9. Develop a succession plan for the founders.

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John W. Olmstead, MBA, Ph.D, CMC

May 28, 2013


Law Firm Estate Planning Practice – Increasing Summer Demand

Question:

Our firm is an estate planning firm located in the Chicago suburbs. We have three attorneys, four paralegals, and three staff support members. We have observed over the past three years a trend where our new matters and associated fee revenues starts a dramatic decline in April and continues to do so until August. In the past we have just remained in a state of denial and relied on hope and prayer. This year we would like to be more proactive. I would appreciate your thoughts.

Response:

You could try investing in some additional advertising designed to stimulate early demand for such services. However, short of a new tax or other regulation occurring this summer or a dramatic price reduction – i.e. get your will done and get your spouse's will for free – I doubt that such advertising will do much to create a reason to act now as opposed to the fall or end of the year. Then you would have the additional cost of the advertising and lower revenue as a result of the discount or special offer. I believe you might be better off focusing on cost reduction and cutting back on attorney and staff hours until demand picks up again in the fall.

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John W. Olmstead, MBA, Ph.D, CMC

Jan 22, 2013


Lawyer and Client Referrals as a Law Firm’s Sole Marketing Strategy

Question:

I am the co-founder of an estate planning firm in Chicago. We have two associate attorneys, myself and my partner, and 6 support staff members. Our practice is limited to estate planning, estate administration, and elder law. Our marketing consists totally of referrals from other attorneys, past clients, and other referral sources. We believe that we have a successful practice with revenues consistently exceeding $1.8 million per year. We spend very little on business development and marketing. Should we be doing more?

Response:

If you have a good website, e-newsletter, and are meeting your revenue and growth goals you may not need to invest any more in marketing and business development. You have been blessed with the referral sources that you have and you should be grateful. However, don't take them for granted – continue to nurture them and give first class service to the clients that they refer to you. Your primary marketing investments should be designed to nurture and enhance these and future referral relationships.

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John W. Olmstead, MBA, Ph.D, CMC

Aug 29, 2012


Keeping Law Firm Clients Happy

Question:

I am managing partner with a 12 attorney general practice firm in St. Louis. As part of our marketing program we recently completed an informal client survey and were surprised at some of the feedback. The feedback was less positive than expected. Our clients advised us that our services took longer than expected and fees were also higher than expected. We work hard for our clients and I don't see how we can improve turnaround or reduce legal fees. I would appreciate any thoughts that you have.

Response:

Based upon client satisfaction surveys (telephone interviews) that we do for law firms we find that one of the biggest problems is that the attorneys are doing a poor job of managing client expectations. Your clients get frustrated when you promise one thing (timeline or fees) and the result is very different – especially when the work takes longer than promised or the fees are higher. Even though you don't structure it as a promise your clients take it that way. The key is to under promise and over deliver. I suspect that upon the initial client meeting you are under estimating the timeline and low balling the fee range. Reduce the promise – increase the - timeline and fee range and then shoot to deliver under that range. This will do wonders for improving the client relationship.

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John W. Olmstead, MBA, Ph.D, CMC

Jul 31, 2012


Using Law Firm Economic and Other Surveys

Question:

I am the firm administrator for a 16 attorney in Memphis. I am new to the field and just started with this firm. I have been asked to conduct some preliminary law firm economic research and obtain – purchase if necessary – survey data on the subject. Do you have any suggestions concerning using such surveys?

Response:

The use of sound secondary research surveys can be invaluable and can assist firms in their quest for “best practices.”  While law firms should strive to use surveys that meet the test of sound research, this is not always possible since no other source of information may be available. In other words – some information may be better than no information at all. In such situations law firms may decide to use research surveys that do not satisfy sound research guidelines. Such information can still be useful for exploratory analysis and when the information will be used for “benchmark” purposes. However, it is important for the firm to keep in mind the limitations of the study.

Many of the national law firm management surveys are designed to provide the information necessary for law firm management to evaluate their firm’s performance relative to comparable law firms. Statistics included in these studies represent broad performance benchmarks against which an individual firm can be measured. Law firms can use this information to compare their firm’s performance with other firms as a whole, as well as with firms of similar size, geographic location, population, practice specialty, etc. Keep in mind that the objective of such comparisons is
to identify potential “red flags” that warrant additional investigation. Deviations between your firm’s figures (for any performance measure) and figures in the survey is not necessarily good or bad. It merely runs up the red flag which alerts you investigate further. Information in these surveys should
be used as guidelines rather than absolute standards.

There are numerous considerations that should be investigated when acquiring and using secondary research. Due the extent and complexity of these considerations rather than outline these here is a link to an article that I wrote on the subject that provides a good outline, checklist and tool for using secondary research. How to Use Secondary Research to Manage Your Firm – A Primer

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John W. Olmstead, MBA, Ph.D, CMC

Jul 10, 2012


Law Firm Marketing Investment/Maximizing Results

Question:

Our firm is a 6 attorney firm in downtown Chicago. Our practice is a litigation boutique focused on representing individuals in personal injury and divorce matters. We do a fair amount of advertising and have had mixed results. We tried radio and limited TV ads, have an innovative website, have done some pay per click ads on the web and are now considering a lead referral service. Do you have any suggestions concerning what we should be investing in marketing and what we should be doing to maximize our results?

Response:

Studies that have been conducted indicate that law firms that provide services to business firms (B2B) spend approximately 2.4% of fee revenue on marketing. However, law firms that focus on individual consumers (retail law if you will) spend much more – 10%+ of fee revenues on marketing – especially if strong referral networks are not in place. I have several PI, SSDI, Elder Law and Estate Planning firm clients that are spending 10%+ of their fee revenue or greater on marketing. I have some extremely successful PI firm clients spending 20% of their revenue on marketing.

The amount of appropriate investment can depend upon referral networks in place. I have successful PI and Estate Planning firms that are spending very little on marketing, are getting all of their business from their referral networks, and spending next to nothing on marketing and advertising. (By referrals I am speaking about professional referrals not involving a referral fee and client referrals. If referral fees are involved they should be considered a marketing cost) So it depends upon your situation, the type of cases you are going after, etc.

Measure Return on Marketing Investment (ROMI)

As important as the amount of your marketing investment is to your program – you must constantly measure the effectiveness of your various marketing program activities and know at all times your ROMI (return on marketing investment). Then you determine what is working for you and what it now working – then fine tune your program.

Implement Effective Inquiry/Lead Management and Client In-Take Systems

Many firms spend enormous amount on marketing and then drop the ball on managing and processing prospective client inquiries. Inquiries that are generated thought the internet or advertising are colder leads than referrals from other clients or referral sources. Cold inquiries expect 24/7 response – often you only have a two hour window to get back with these inquiries or they will contact someone else. Before you make major investments in TV, Radio, Pay-Per-Click, or Internet Referral Programs insure that you have put in place the appropriate inquiry/lead management and client in-take infrastructure and staffed accordingly. Otherwise you may find that you are getting the inquiries/leads but are not being successful in converting them into paying clients.

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John W. Olmstead, MBA, Ph.D, CMC

 

Jun 26, 2012


Branding the Law Firm vs. Branding the Individual Attorney

Question: 

Our firm is a 42 lawyer firm in downtown Chicago. We have 22 equity partners. Five years ago we decided to allocate a significant portion of our marketing budget to branding the firm. In that regard we cannibalized the marketing budget to the extent that very little was left for individual marketing. Now we have many unhappy campers. Some of the partners are advocating scrapping the firm-level effort and going back to our past practices of "long ranger" individual marketing. What are your thoughts regarding firm branding? Should we continue our efforts in this regard?

Response:

In today's climate it takes both – a firm brand and individual attorney brands. Since I don't have all the details concerning your situation – it is difficult for me to generalize. However, based upon what I am seeing in the competitive landscape I believe that the firm was correct in deciding to invest in enhancing the firm's image and brand. However, personal attorney brands are important as well. I am often advised by law firm clients that they hire the lawyer – not the law firm. While this is only partially true, it bring home the importance of individual branding. Often lawyers think they can push off their business development responsibilities to "the firm" and go back to practicing law. This is simply not the case. Marketing and business development must occur at the firm, practice group and individual lawyer levels. Resources must be allocated to each.

Suggest that you review the firm branding program and what is working and what is not. Do not look for quick fixes. Modify the program if necessary. Review the budget and modify it so that resources are allocated to firm, practice groups if they exist, and individual lawyers. Insure that practice groups and lawyers submit business development plans and they are held accountable for results when their plans are funded.

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John W. Olmstead, MBA, Ph.D, CMC

 

 

May 16, 2012


Law Firm Business Plan Implementation and Accountability

Question:
Four years ago our 45 attorney firm developed and launched a strategic business plan. While we have implemented a few action items and achieved a few goals – overall our success has been dismal. What can we do to improve our success?
Response:
Many of our law firm clients tell us that they have problems with implementation and accountability. They debate the issues and develop elaborate strategic business plans but then have problems getting people to step up to the plate and help implement many of the tasks that have been identified. Often the problem with business or strategic plans is more the "who" than the "what." Getting partners to come forward and be willing to be held accountable for results is a major challenge – especially- in lone ranger firms where partners are not accountable to each other.

Often firms are strong on ideas but weak on implementation. Typically, there is lack of management and structure and a general lack of leadership and focus. Communication is generally poor. Partner compensation systems are often not defined nor tied to goal attainment or performance.

What makes strategic management projects so difficult is that they are often complex and results are not immediate and are often delayed into the future. It is extremely hard for a group of attorneys to focus on strategic long term projects when they are up to their elbows in daily crisis. Lawyers must learn how to effectively partition their routines to enable an appropriate focus on long term projects. Lawyers must learn to think differently. This will require changes in skills, behaviors and working relationships.

The primary problems facing law firms are accountability, implementation, follow-up, and a reluctance to explore new ways of delivering legal services. Partners must begin to raise their hands and sign up for special firm management projects and be accountable to other members of the firm.

Any good plan has an action item section with a timeline built into the plan with due dates and names of responsible parties next to each of the action items. Unless there is an action plan with consequences for non-compliance – there is little chance of success.

Also suggest that the firm discuss the issue of accountability in general. A group of lone rangers often have little chance of implementing firm level strategies.

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John W. Olmstead, MBA, Ph.D, CMC
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